The luxury car involved in the accident in Cheranelloor
Kochi : A special court for considering cases involving atrocities against women and children in Ernakulam on Thursday dismissed the appeals against the bail granted to the 17-year-old involved in the fatal accident in Cheranelloor. As per the order, the court found that the offences alleged against the Child in Conflict with Law (CCL) do not fall within the category of heinous offences under Section 2(33) of the Juvenile Justice (JJ) Act.
The finding is confined to the legality of the procedure adopted against the CCL and shall not be understood as an adjudication upon the truth or otherwise of the allegations relating to the accident, the order said. The court found that the act of proceeding against the child through the FIR and his subsequent apprehension were contrary to the statutory safeguards contained in the JJ Model Rules. The court emphasised that the special procedure prescribed under the JJ Act was not a matter of administrative discretion. The police authorities are bound to comply with the safeguards prescribed under the Act and the Rules.
Because the alleged offence has resulted in the death of a person in a road accident, the JJ Act does not provide for automatic detention of a child merely.
“Public confidence in the administration of justice is sustained by adherence to the law and not by departure from statutory safeguards in response to public sentiment,” the order said. The court observed that the loss suffered by the family of the deceased is irreversible. However, the statutory rights of a child cannot be displaced by the gravity of the consequence alone. The court added that a mere assertion that the child belongs to an influential family or has access to persons of influence does not satisfy the requirement for refusal of bail.
The court also strictly cautioned the investigation agency to scrupulously adhere to the provisions of the JJ Act and Model Rules, 2016, while dealing with every case in which an offence is alleged to have been committed by a CCL. The court severely criticised the prosecution and the investigation team for the handling of the case. Several procedural irregularities were noticed in the proceedings, the court observed. The court also directed a copy of the judgment to the police chiefs of the Ernakulam city and rural for information and appropriate steps.